Occupation Debt - Bare Acts

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 3A

Title: Eviction from Temporary Occupation

State: Central

Year: 1971

1[(3A) Eviction from temporary occupation Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.] _________________________ 1. Inserted by Public Premises (Eviction of Unauthorised Occupants) Amendment Act (7 of 1994), section 4 (1-6-94).

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Displaced Persons (Debts Adjustment) Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 5

Title: Recovery of Debt Determined by Tribunal

State: Central

Year: 1993

.....as if the said provisions and the rules referred to the amount of debt due under this Act instead of to the Income-tax: Provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this Act. Section 30 - Appeal against the order of Recovery Officer 1[30. Appeal against the order of Recovery Officer (1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).] ________________________ 1. Substituted by Act 1 of 2000, section 12, for section 30 (w.r.e.f. 17-1-2000).

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Displaced Persons Debts Adjustment Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Complete Act

Title: Public Premises (Eviction of Unauthorised Occupants) Act, 1971

State: Central

Year: 1971

.....of property left on public premises by unauthorised occupants Section7 - Power to require payment of rent or damages in respect of public premises Section8 - Power of estate officers Section9 - Appeals Section10 - Finality of orders Section11 - Offences and penalty Section11A - Offences under section 11 to be cognizable Section12 - Power to obtain information Section13 - Liability of heirs and legal representatives Section14 - Recovery of rent, etc. as an arrear of land revenue Section15 - Bar of jurisdiction Section16 - Protection of action taken in good faith Section17 - Delegation of powers Section18 - Power to make rules Section19 - Repeal Section20 - Validation

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Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5

Title: Eviction of Unauthorised Occupants

State: Central

Year: 1971

.....a notice under section 4 and 1 anyevidence produced by him in support of the same and after personal hearing, ifany, given under clause (b) of sub-section (2) of section 4], the estate officeris satisfied that the public premises are in unauthorised occupation, the estateofficer may make an order of eviction, for reasons to be recorded therein,directing that the public premises shall be vacated, on such date as may bespecified in the order, by all persons who may be in occupation thereof or anypart thereof, and cause a copy of the order to be affixed on the outer door orsome other conspicuous part of the public premises. (2) If any person refused or fails tocomply with the order of eviction 2 [on or before, the date specifiedin the said order or within fifteen days of its publication under sub-section(1) whichever is later,] the estate officer or any other officer duly authorisedby the estate officer in this behalf may evict that person from, and takepossession of, the public premises and may, for that purpose, use such force asmay be necessary. _________________________ 1. Substitutedfor the words "any evidence he may produce in support of the same and aftergiving him a.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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Displaced Persons Debts Adjustment Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 Preamble 1

Title: Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974

State: Karnataka

Year: 1974

THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974 [Act, No. 32 of 1974] [1st October, 1974] PREAMBLE An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. WHEREAS it is expedient to provide for the eviction of unauthorised occupants from public premises and for matters connected therewith or incidental thereto; BE it enacted by the Karnataka State Legislature in the Twenty-fifth Year of the Republic of India as follows :-

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Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 Complete Act

Title: Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974

State: Karnataka

Year: 1974

Preamble 1 - KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974 Section 1 - Short title, extent and commencement Section 2 - Definitions Section 3 - Appointment of competent officers Section 4 - Issue of notice to show cause against order of eviction Section 5 - Eviction of unauthorised occupants Section 6 - Disposal of property left on public premises by unauthorised occupants Section 7 - Power to recover rent or damages in respect of public premises as arrears of land revenue Section 8 - Rent to be recovered by deduction from salary or wages of employee Section 9 - Powers of competent officers Section 10 - Appeals Section 11 - Finality of orders Section 12 - Offences and penalty Section 13 - Power to obtain information Section 14 - Liability of heirs and legal representatives Section 15 - Recovery of rent, etc. as an arrear of land revenue Section 16 - Bar of jurisdiction Section 17 - Protection of action taken in good faith Section 18 - Power to make rules Section 19 - Repeal and savings

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